Native Village of Eyak v. Gary Locke

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATIVE VILLAGE OF EYAK; NATIVE 

VILLAGE OF TATITLEK; NATIVE

VILLAGE OF CHENEGA; NATIVE

VILLAGE OF NANWALEK; NATIVE No. 09-35881

VILLAGE OF PORT GRAHAM,

Plaintiffs-Appellants,  D.C. No. 3:98-cv-00365-HRH v. OPINION REBECCA BLANK, Acting Secretary of Commerce, Defendant-Appellee.  Appeal from the United States District Court for the District of Alaska H. Russel Holland, Senior District Judge, Presiding

Argued and Submitted September 21, 2011—San Francisco, California

Filed July 31, 2012

Before: Alex Kozinski, Chief Judge, Mary M. Schroeder, Harry Pregerson, Andrew J. Kleinfeld, Michael Daly Hawkins, Sidney R. Thomas, William A. Fletcher, Richard A. Paez, Richard C. Tallman, Johnnie B. Rawlinson, and Richard R. Clifton, Circuit Judges.

Per Curiam Opinion; Dissent by Judge W. Fletcher COUNSEL

Natalie A. Landreth (argued), Native American Rights Fund, Anchorage, Alaska; Goriune Dudukgian, Alaska Legal Ser- vices Corp., Anchorage, Alaska; Richard de Bobo, Robin Wechkin, Susan Acquista and Clive McClintock, Hogan &…